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“reassessment proceedings”

ReassessmentSections 147-151Sections 147-1518,150 judgments

The decision most relied on for reassessment proceedings is CIT v. Kelvinator of India Ltd. (320 ITR 561), cited in 1,673 judgments on BharatTax.

Leading authorities on reassessment proceedings

CIT v. Kelvinator of India Ltd.
320 ITR 561 · 2010 · Supreme Court
1,673
citing judgments

An Assessing Officer cannot initiate reassessment proceedings under Section 147 of the Income Tax Act based on a mere change of opinion. Reassessment is permissible only when there is fresh tangible material leading to the belief of income escapement, not merely a review of existing facts.

GKN Driveshafts (India) Ltd. v. ITO
259 ITR 19 · 2003 · Supreme Court
1,349
citing judgments

When a notice under Section 148 of the Income Tax Act is issued, the Assessing Officer is bound to furnish reasons for reopening upon the assessee's request and must dispose of the assessee's objections to the notice by passing a speaking order.

ACIT v. Rajesh Jhaveri Stock Brokers Pvt. Ltd.
291 ITR 500 · 2007 · Supreme Court
1,030
citing judgments

For initiating reassessment proceedings under Section 147, the Assessing Officer needs only prima facie material providing a reason to believe that income has escaped assessment. Conclusive proof or the sufficiency/correctness of the material is not required at the stage of issuing the notice under Section 148.

Raymond Woollen Mills Ltd. v. ITO
236 ITR 34 · 1999 · Supreme Court
862
citing judgments

For reassessment proceedings under Section 148, the Assessing Officer only needs prima facie material to have a reason to believe income has escaped assessment. Conclusive proof or evaluation of the sufficiency and correctness of such material is not required at the stage of issuing the notice.

ITO v. Lakhmani Mewal Das
103 ITR 437 · 1976 · Supreme Court
721
citing judgments

For reassessment proceedings, the 'reason to believe' that income has escaped assessment must be based on some material and not mere suspicion, establishing a live link between the information and the belief. Furthermore, for reassessment beyond four years, there must be a specific finding of the assessee's failure to disclose fully and truly all material facts.

Hindustan Lever Ltd. v. R.B. Wadkar
268 ITR 332 · 2004 · High Court
695
citing judgments

The validity of reassessment proceedings initiated under Section 147, by issuing a notice under Section 148, must be judged solely on the reasons originally recorded by the Assessing Officer. These recorded reasons cannot be supplemented, improved upon, or modified at any later stage.

PCIT v. Meenakshi Overseas Pvt. Ltd.
395 ITR 677 · 2017 · High Court
471
citing judgments

Reassessment proceedings initiated solely based on an investigation wing/appraisal report, without the Assessing Officer's independent application of mind to form a 'reason to believe' that income has escaped assessment, are beyond jurisdiction, bad in law, and void ab initio.

Ranbaxy Laboratories Ltd. v. CIT
336 ITR 136 · 2011 · High Court
398
citing judgments

In reassessment proceedings under Section 147/148, the Assessing Officer can assess other income not specified in the original notice if the initial ground for reopening assessment is found to be valid. However, if the income for which the assessment was initially reopened is found not to have escaped assessment, the Assessing Officer cannot proceed to assess any other income.

Judgments citing reassessment proceedings

Rajesh Khanna, Yamuna Nagar vs. Income Tax Officer Ward-3, Yamuna Nagar

The appeals stand partly allowed

ITA 1559/CHANDI/2025[2019-2020]Status: DisposedITAT Chandigarh24 Feb 2026AY 2019-2020

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकर अपील सं. / Ita No.1558/Chandi/2025 (िनधा"रण वष" / Assessment Year: 2017-18) & 2. आयकर अपील सं. / Ita No.1559/Chandi/2025 (िनधा"रण वष" / Assessment Year: 2019-20) Shri Rajesh Khanna Ito Ward-3 बनाम/ Vs. C/O Rajiv Goel & Associates (Ca) Yamuna Nagar 179, Bank Road, Ambala City -133001 Haryana -135001 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Agjpk-1206-H (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/Appellant By : Shri Dhruv Goel (Ca) – Ld. Ar ""थ"कीओरसे/Respondent By : Dr. Ranjit Kaur (Addl. Cit) – Ld. Sr. Dr (Virtual)

For Appellant: Shri Dhruv Goel (CA) – Ld. ARFor Respondent: Dr. Ranjit Kaur (Addl. CIT) – Ld. Sr. DR (Virtual)
Section 132Section 142(1)Section 147Section 148

held that the material relied upon by the department to reopen the case of the assessee was never confronted to the assessee. Therefore the reassessment proceeding stood vitiated for violation of principles of natural justice. Finally the assessment was quashed and estimated addition was deleted. We find that similar facts ... exist in present appeals. Respectfully following the earlier view of Tribunal, we quash the reassessment proceedings and delete the impugned additions, for both the years. The assessee succeeds in corresponding grounds of appeals. 6. Both the appeals stand partly allowed. Order pronounced on 24th February, 2026. - - (RAJPAL YADAV) (MANOJ KUMAR

Rajesh Khanna, Yamuna Nagar vs. Income Tax Officer Ward 3, Yamuna Nagar

The appeals stand partly allowed

ITA 1558/CHANDI/2025[2017-2018]Status: DisposedITAT Chandigarh24 Feb 2026AY 2017-2018

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकर अपील सं. / Ita No.1558/Chandi/2025 (िनधा"रण वष" / Assessment Year: 2017-18) & 2. आयकर अपील सं. / Ita No.1559/Chandi/2025 (िनधा"रण वष" / Assessment Year: 2019-20) Shri Rajesh Khanna Ito Ward-3 बनाम/ Vs. C/O Rajiv Goel & Associates (Ca) Yamuna Nagar 179, Bank Road, Ambala City -133001 Haryana -135001 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Agjpk-1206-H (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/Appellant By : Shri Dhruv Goel (Ca) – Ld. Ar ""थ"कीओरसे/Respondent By : Dr. Ranjit Kaur (Addl. Cit) – Ld. Sr. Dr (Virtual)

For Appellant: Shri Dhruv Goel (CA) – Ld. ARFor Respondent: Dr. Ranjit Kaur (Addl. CIT) – Ld. Sr. DR (Virtual)
Section 132Section 142(1)Section 147Section 148

held that the material relied upon by the department to reopen the case of the assessee was never confronted to the assessee. Therefore the reassessment proceeding stood vitiated for violation of principles of natural justice. Finally the assessment was quashed and estimated addition was deleted. We find that similar facts ... exist in present appeals. Respectfully following the earlier view of Tribunal, we quash the reassessment proceedings and delete the impugned additions, for both the years. The assessee succeeds in corresponding grounds of appeals. 6. Both the appeals stand partly allowed. Order pronounced on 24th February, 2026. - - (RAJPAL YADAV) (MANOJ KUMAR